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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Rothman v. Rent Control Board, 37 Mass. App. Ct. 217 (1994)

Citation
Rothman v. Rent Control Board, 37 Mass. App. Ct. 217 (1994)
Parent Document
Rothman v. Rent Control Board, 37 Mass. App. Ct. 217 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-08-26

Other Sections in This Document (27)

Full Text

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Without here reviewing the evidence, we conclude that the hearing examiner’s finding of State Sanitary Code violations in the tenant’s residential unit known to the landlord before *220and during the period of rent withholding8 and his determination that the landlord was not denied reasonable access to the premises are substantially supported by the hearing testimony and exhibits. That conclusion, coupled with our decision, discussed below, that improper hearing procedure has not been shown, ordinarily would end our analysis with an indication that the certificate of eviction properly was denied. However, since the issues extending beyond the propriety of the denial of the certificate of eviction are relevant to the amount of rent due from the tenant and potentially implicate the rights of other landlords and tenants, we discuss the landlord’s argument that the board exceeded its authority by computing part of the abatement to which the tenant is entitled on the basis of the period preceding that during which rent was withheld. See Altschuler v. Boston Rent Bd., 12 Mass. App. Ct. 452, 460 (1981).